Dantone v. Dantone

FOURNET, Chief Justice.

The appellee, Dr. Joseph D. Dantone, in reliance on the provisions of Article 573' of the Code of Practice, as amended by Act 49 of 1871 and Section 1 of Act 24 of 1930,1 has filed here a motion to have dismissed his wife’s suspensive and devolutive appeal from a judgment rejecting her demand for a separation from bed and board, contending that inasmuch as her appeal was perfected more than 30 days following the date of such judgment it cannot be suspensive, and that, thereafter, there can be no devolutive appeal in such a suit.

This contention is not well taken for the…